MCL Section 333.7410

Michigan Public Health Code Section 7410 (MCL 333.7410): Delivery of a Controlled Substance to a Minor and Possession, Delivery, or Manufacture of a Controlled Substance Within 1,000 Feet of School Property or a Library

1. Definition and Elements of the Crime

MCL 333.7410 creates a scheme of increased penalties for certain drug crimes involving children and areas where children frequent. Specifically, the statute applies where (1) the defendant delivered a controlled substance to a minor or (2) the defendant possessed, delivered, or manufactured a controlled substance within 1,000 feet of school property or a library.

Delivery of a controlled substance to a minor has five elements, all of which the prosecution must prove beyond a reasonable doubt:

1. First, the defendant was aged 18 or older.
2. Second, the defendant delivered a controlled substance or gamma-butyrolactone to another person.
3. Third, the defendant knew that he or she delivered a controlled substance or gamma-butyrolactone.
4. Fourth, the other person was less than 18 years old.
5. Fifth, the other person was at least 3 years younger than the defendant.

Possession of a controlled substance near a school or library has four elements, all of which the prosecution must prove beyond a reasonable doubt:

1. First, the defendant was aged 18 or older.
2. Second, the defendant possessed a controlled substance or gamma-butyrolactone.
3. Third, the defendant knew that he or she possessed a controlled substance or gamma-butyrolactone.
4. Fourth, the defendant was on or within 1,000 feet of school property or a library.

Possession with intent to deliver a controlled substance near a school or library has five elements, all of which the prosecution must prove beyond a reasonable doubt:

1. First, the defendant was aged 18 or older.
2. Second, the defendant possessed cocaine or a schedule 1 or 2 narcotics.
3. Third, the defendant knew that he or she possessed a controlled substance.
4. Fourth, the defendant intended to deliver the controlled substance to someone else.
5. Fifth, where the defendant intended to deliver the controlled substance was on or within 1,000 feet of school property or a library.

Delivery of a controlled substance near a school or library has four elements, all of which the prosecution must prove beyond a reasonable doubt:

1. First, the defendant was aged 18 or older.
2. Second, the defendant delivered cocaine or a schedule 1 or 2 narcotics to another person.
3. Third, the defendant knew that he or she delivered a controlled substance.
4. Fourth, the defendant was on or within 1,000 feet of school property or a library.

The manufacture of methamphetamine near a school or library has three elements, all of which the prosecution must prove beyond a reasonable doubt.

1. First, the defendant manufactured methamphetamine.
2. Second, the defendant knew that he or she was manufacturing methamphetamine.
3. Third, the defendant was on or within 1,000 feet of school property or a library.

As you’ll learn below, penalties can vary depending on the type of controlled substance that was involved.

In some cases, controversy arises over whether the crime was committed on or within 1,000 feet of “school property.” What all does “school property” encompass? The statute provides a definition. “School property” means a building, playing field, or property used for school purposes to impart instruction to children in grades kindergarten through 12, when provided by the public, private, denominational, or parochial school, except those buildings used primarily for adult education or college extension courses.

Does the defendant need to have knowledge that they were within 1,000 feet of school property? The Michigan Court of Appeals has said no. So even if the defendant had no clue about their proximity to school property, they’re still on the hook.

2. Examples

A man is a passenger in his friend’s car. The friend is a drug dealer. The friend gets a call from a 16-year-old customer looking for cocaine. The friend drives to the 16-year-old’s house. As it turns out, the call was part of a sting operation. Police swarm the car and find cocaine in the center console. Police allege that the friend was an accomplice.

Rumors begin circulating around a small town that a woman is dealing drugs out of her house, which is across the street from the elementary school. Police surveil the house for several days, but they see nothing to confirm the rumors. Still, their suspicions remain. They seek a search warrant for the house, citing the local gossip. A magistrate signs a warrant. When police execute the warrant, they find a meth lab and a large amount of meth in the woman’s house.

3. Related Offenses

Other similar or related offenses include:

1. Possession of a controlled substance, MCL 333.7403
2. Possession with intent to deliver a controlled substance, MCL 333.7401
3. Delivery of a controlled substance, MCL 333.7401
4. Manufacture of a controlled substance, MCL 333.7401

4. Defenses to Delivery of a Controlled Substance to a Minor and Possession, Delivery, or Manufacture of a Controlled Substance Within 1,000 Feet of School Property or a Library

Common defenses in cases prosecuted under MCL 333.7410 include (1) lack of intent or knowledge, (2) lack of possession, and (3) improper search.

Take the man riding dirty with his friend. Suppose the man says that he played no part in the bogus drug deal; he was just along for the ride. If corroborated, he would have a viable lack-of-possession defense. “Possession” under the law requires actual physical control or a right of physical control. Here, the friend had possession, not the man. And if the man did not assist or encourage his friend, he was not an accomplice. This is true even though the man knew that his friend was dealing drugs. Mere presence at the scene of a crime is not enough to impart criminal liability.

Now take the woman running the meth lab across the street from a school. Seems like the police have the case cinched, right? Not quite. Under the Fourth Amendment of the United States Constitution, to obtain a search warrant for a house, police need to present a magistrate with evidence establishing “probable cause.” As the courts have put it, probable cause exists when all the facts and circumstances would lead a reasonable person to believe that the evidence sought is in the place requested to be searched. A mere hunch or inarticulable suspicion will not suffice. Here, then, unsubstantiated rumors that the woman was dealing drugs cannot provide probable cause, even though the rumors were correct. So none of the evidence gleaned from the faulty search warrant will be admissible in court. And without that evidence, no criminal charges can be brought against the woman.

5. Penalties

Delivery of cocaine or a schedule 1 or 2 narcotics to a minor is a felony generally punishable by a minimum of at least 1 year and up to 40 years in prison and a fine of up to $25,000.

Delivery of any other schedule 1, 2, 3, 4, or 5 controlled substances to a minor is a felony generally punishable by up to 40 years in prison and a fine of up to $25,000.

Possession of a controlled substance on or within 1,000 feet of school property or a library is a felony generally punishable by up to 20 years in prison and a fine of up to $50,000.

Possession with intent to deliver cocaine or a schedule 1 or 2 narcotics on or within 1,000 feet of school property or a library is a felony generally punishable by at least 2 years and up to 40 years in prison and a fine of up to $75,000. A judge can deviate from the 2-year minimum for substantial and compelling reasons.

Delivery of cocaine or a schedule 1 or 2 narcotics on or within 1,000 feet of school property or a library is a felony generally punishable by at least 2 years and up to 60 years in prison and a fine of up to $75,000. A judge can deviate from the 2-year minimum for substantial and compelling reasons.

Manufacture of methamphetamine on or within 1,000 feet of school property or a library is a felony generally punishable by up to 40 years in prison and a fine of up to $50,000.

6. Criminal Defense for Delivery of a Controlled Substance to a Minor and Possession, Delivery, or Manufacture of a Controlled Substance Within 1,000 Feet of School Property or a Library

Drug crimes involving or implicating children are pursued aggressively by prosecutors. If you’re under investigation for our have been charged with a crime under MCL 333.7410, you need to call a criminal defense attorney as soon as possible. Grabel & Associates has been in business for more than 20 years and has handled hundreds of drug cases. Our highly respected attorneys know what it takes to obtain the best result in your case.

For more information about delivery of a controlled substance to a minor or possession, delivery, or manufacture of a controlled substance within 1,000 feet of school property or a library, and to talk about your case, contact Grabel & Associates at (800) 342-7896.